The appellant, Atomic Energy of Canada Limited, sought a confidentiality order for technical documents related to the environmental assessment of nuclear reactors being built in China.
The Federal Court Trial Division and Federal Court of Appeal denied the order.
On appeal, the Supreme Court of Canada established the test for granting confidentiality orders in civil litigation, adapting the Dagenais/Mentuck framework.
The Court held that a confidentiality order should be granted when necessary to prevent a serious risk to an important interest, such as a commercial interest, and when the salutary effects of the order outweigh its deleterious effects on the open court principle and freedom of expression.
Applying this test, the Court allowed the appeal and granted the confidentiality order.
